TexasCHLforum.com

suthdj wrote:

Oldgringo wrote:

Martini wrote:A police officer can observe behavior but he can't read minds and know your intent, so don't be surprised if he lets a judge or jury make the decision regarding mental state and culpability.

That is it in a nutshell! Whether the issue is CW exposure, one beer on your breath, the speed limit or the perceived tone of your verbal response to his question or whatever, the arresting LEO makes the call and you make the appeal.

That would not be a problem if the PD/CIty picked up the tab for all legal fee's and missed work etc.... unless you are found guilty. I think this would help stop alot of the police using that as an excuse to harass people.

You don't want that; however, a citizen can sue for false arrest, etc.

FWIW, I'm probably a lot older than you and have been to a lot of states and other places, drank many beers and although I was arrested ONCE in 1962 for shooting off my mouth, I've never been harassed by the police anywhere. I kinda' think a lot of so-called police harassment may be self inflicted?

Now, can we get back on the subject of unloaded open carry?

"A pocketful of rocks would serve about the same purpose as an unloaded gun and that's okay...isn't it?"

This reminded me of the scene in the movie "Support Your Local Sheriff" where James Garner picked up some rocks and drove a gunman out of town by throwing rocks at him.

Not likely to happen in the real world but it was funny the first time I saw it.

suthdj wrote:I would like to see the laws for failure to conceal made very clear so it is truly you meant to show it. A shirt riding up etc should not be an issue like it was for handog. Intentional failure to conceal is like you pulled it out or wore a t-shirt tucked in behind your weapon.

What is unclear?

I can only think of two ways it could be more clear.

1. Remove the requirement to conceal. I think that would be good but many others here disagree.

2. Remove the word intentionally (the strictest, most narrowly defined mental state in 6.03) and make any failure to conceal an offense. I think most of us agree that would be bad.